Q: I’ve got a lawsuit against me from a creditor. The creditor has filed Ch 7. I can’t get extended warranty info now.
I bought 6 appliances from an appliance business that has recently filed Ch 7. I have extended warranties on all appliances. Due to personal financial issues I got way behind on my credit account payments to this business and they closed my account and I now have a lawsuit for repayment to this business. 4 of the 6 appliances are defective and have issues and before my account was closed I was trying to get the extended warranty information from them but I was getting nowhere and was repeatedly told someone would call me back. Appliance business is closed now and I have no way of obtaining information on the extended warranties. I paid for 2 warranties and was given free of charge 4 more extended warranties in exchange for my reviews and also for shipment issues on some of the appliances. I now have to pay out of pocket for 4 appliances to be repaired or replaced. Do I still have to repay this business that has filed Chapter 7 bankruptcy when I have no way of getting warranty info now?
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A:
When a business files for Chapter 7 bankruptcy, it typically means the business is liquidating its assets and will no longer be operating. Because of this, you may face difficulty obtaining warranty information or getting the warranties honored. Unfortunately, if the warranties were provided by the business itself rather than a third-party company, there may be little recourse for you to enforce those warranties.
Even though the business is going through bankruptcy, you may still be required to repay the debt if it is deemed valid. Bankruptcy does not automatically discharge your obligations to creditors unless there is a specific ruling to that effect. However, you may be able to file a claim in the bankruptcy case to potentially offset your debt, arguing that the failure to provide warranty information and support constitutes a breach of contract or other legal claim.
It's important to gather all documentation related to the appliances, the warranties, and your communications with the business. You might want to consider consulting with a legal professional who can help you understand your rights in this situation and guide you through the bankruptcy claim process. This could potentially improve your chances of reducing or eliminating the debt you owe.
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